13-6-102 - Chapter definitions.
13-6-102. Chapter definitions.
As used in this chapter, unless the context otherwise requires:
(1) Abate or abatement in connection with any building means the removal or correction of any conditions that constitute a public nuisance and the making of any other improvements that are needed to effect a rehabilitation of the building that is consistent with maintaining safe and habitable conditions over its remaining useful life;
(2) Building means any building or structure that is not occupied by any owner, tenants or residents;
(3) Dwelling unit means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household;
(4) Interested party means any owner, mortgagee, lien holder or person that possesses an interest of record in any property that becomes subject to the jurisdiction of a court pursuant to this chapter;
(5) Municipal corporation means any incorporated city, town or county in this state, including any county having a metropolitan form of government, and as further defined by the population restrictions set forth § 13-6-105;
(6) Nonprofit corporation means any nonprofit corporation that has been duly organized under the laws of this state, and has as one (1) of its goals community development or redevelopment;
(7) Owner means one (1) or more persons, jointly or severally, in whom is vested:
(A) All or part of the legal title to property; or
(B) All or part of the beneficial ownership and a right to the present use and enjoyment of the premises;
(8) Public nuisance means any vacant building that is a menace to the public health, welfare, or safety; structurally unsafe, unsanitary, or not provided with adequate safe egress; that constitutes a fire hazard, dangerous to human life, or no longer fit and habitable; a nuisance as defined in § 29-3-101(a); or is otherwise determined by the court, the local municipal corporation or code enforcement entity to be as such;
(9) (A) Receiver means either a municipal corporation that agrees to be appointed by the court for the purpose of preserving or improving the property of another, or a nonprofit corporation that has been certified as such by the municipal corporation or code enforcement entity where the building is located. The certification of a nonprofit corporation shall be issued upon receipt of the following:
(i) An external verification of nonprofit status;
(ii) The nonprofit corporation's articles of incorporation or bylaws evidencing community development or redevelopment is a part of the mission;
(iii) Evidence of financial capacity to carry out a community development or redevelopment project, including audited financial statements of the organization for the past five (5) years, where applicable;
(iv) The organization's formal conflict of interest policy governing both the staff and the board of directors; and
(v) Evidence of the administrative capacity to successfully undertake a community development or redevelopment project.
(B) A receiver appointed pursuant to this subdivision (9) is not personally liable except for misfeasance, malfeasance, or nonfeasance in the performance of the functions of the office;
(10) Residential property means a dwelling unit which is owner-occupied and is the owner's principal place of residence; and
(11) Residential rental property means a building or structure consisting of one (1) or two (2) dwelling units.
[Acts 2004, ch. 843, § 2; 2007, ch. 452, § 1; 2009, ch. 424, § 1.]